Airworthiness Directives; The Boeing Company Airplanes, 57078-57081 [2021-22251]
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57078
Proposed Rules
Federal Register
Vol. 86, No. 196
Thursday, October 14, 2021
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0828; Project
Identifier AD–2021–00303–T]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directive (AD)
2016–09–01, which applies to certain
The Boeing Company Model 777–200
and –300 series airplanes. AD 2016–09–
01 requires repetitive inspections for
cracking of the left-and right-side
forward outer chords of the pivot
bulkhead, and related investigative and
corrective actions if necessary. AD
2016–09–01 also provides a
modification of the pivot bulkhead,
which terminates the repetitive
inspections. Since the FAA issued AD
2016–09–01, it has received reports that
cracking of the left- and right-side
forward outer chords of the pivot
bulkhead were found at earlier
compliance times than those specified
in AD 2016–09–01 and determined that
the inspection areas must be expanded,
and that additional inspections are
needed in areas that were modified as
specified in AD 2016–09–01. This
proposed AD would retain certain
requirements of AD 2016–09–01. This
proposed AD would require doing
repetitive detailed and high frequency
eddy current (HFEC) inspections of the
longeron fitting and, for certain
airplanes, the bulkhead assembly
structure, for any cracking and doing all
applicable on-condition actions. The
FAA is proposing this AD to address the
unsafe condition on these products.
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SUMMARY:
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The FAA must receive comments
on this proposed AD by November 29,
2021.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster
Blvd., MC 110–SK57, Seal Beach, CA
90740–5600; telephone 562–797–1717;
internet https://www.myboeingfleet.
com. You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA,
call 206–231–3195. It is also available at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0828.
DATES:
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0828; or in person at Docket
Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
NPRM, any comments received, and
other information. The street address for
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Luis
Cortez-Muniz, Aerospace Engineer,
Airframe Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax:
(206) 231–3958; email: Luis.A.CortezMuniz@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
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your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2021–0828; Project Identifier AD–
2021–00303–T’’ at the beginning of your
comments. The most helpful comments
reference a specific portion of the
proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend the proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to https://
www.regulations.gov, including any
personal information you provide. The
agency will also post a report
summarizing each substantive verbal
contact received about this proposed
AD.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Luis Cortez-Muniz,
Aerospace Engineer, Airframe Section,
FAA, Seattle ACO Branch, 2200 South
216th St., Des Moines, WA 98198;
phone and fax: (206) 231–3958; email:
Luis.A.Cortez-Muniz@faa.gov. Any
commentary that the FAA receives
which is not specifically designated as
CBI will be placed in the public docket
for this rulemaking.
Background
The FAA issued AD 2016–09–01,
Amendment 39–18499 (81 FR 26109,
May 2, 2016) (AD 2016–09–01), for
certain The Boeing Company Model
777–200 and –300 series airplanes. AD
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Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Proposed Rules
2016–09–01 was prompted by reports of
fatigue cracking of the forward outer
chord of the station (STA) 2370 pivot
bulkhead. AD 2016–09–01 requires
repetitive inspections for cracking of the
left- and right-side forward outer chords
of the pivot bulkhead, and related
investigative and corrective actions if
necessary. AD 2016–09–01 also
provides a modification of the pivot
bulkhead, which terminates the
repetitive inspections. The agency
issued AD 2016–09–01 to address
fatigue cracking of the outer flanges of
the left and right side forward outer
chords of the STA 2370 pivot bulkhead,
which could result in a severed forward
outer chord and consequent loss of
horizontal stabilizer control.
Actions Since AD 2016–09–01 Was
Issued
Since the FAA issued AD 2016–09–
01, it has received reports that cracking
of the left- and right-side forward outer
chords of the pivot bulkhead were
found at earlier compliance times than
those specified in AD 2016–09–01 due
to a combination of a stress
concentration and high stress from
complex loading at the structure of the
transition radius of the forward outer
chord flange. Boeing reopened the safety
investigation and asked operators to
gather additional data, which showed
32 airplanes with crack findings below
the inspection threshold specified in AD
2016–09–01. Based on those findings, it
has been determined that the
compliance times must be reduced and
the inspection areas for cracking must
also be expanded to include the
longeron fitting and, for post-repair and
post-modification inspections, the
bulkhead assembly structure. In
addition, the FAA has determined that
additional inspections are needed in
areas that were modified as specified in
AD 2016–09–01.
FAA’s Determination
The FAA is issuing this NPRM after
determining that the unsafe condition
described previously is likely to exist or
develop on other products of the same
type design.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Boeing Alert
Service Bulletin 777–53A0075, Revision
2, dated February 22, 2021. This service
information specifies procedures for,
depending on configuration, doing
repetitive detailed and HFEC
inspections of the STA 2370 pivot
bulkhead forward outer chord and the
longeron fitting for any cracking; doing
repetitive post-repair inspections of the
pivot bulkhead forward outer chord,
longeron fitting, and bulkhead assembly
structure for any cracking; doing
repetitive post-modification inspections
of the pivot bulkhead forward outer
chord, longeron fitting, and bulkhead
assembly structure for any cracking; and
doing all applicable on-condition
actions. On-condition actions include
modifying the left and right forward
outer chords and upper splice angles,
and repair.
This service information is reasonably
available because the interested parties
57079
have access to it through their normal
course of business or by the means
identified in the ADDRESSES section.
Proposed AD Requirements in This
NPRM
Although this proposed AD does not
explicitly restate the requirements of AD
2016–09–01, this proposed AD would
retain certain of the requirements of AD
2016–09–01. Those requirements are
referenced in the service information
identified previously, which, in turn, is
referenced in paragraph (g) of this
proposed AD. This proposed AD would
reduce the compliance times for the
inspections, add new inspection areas
for any cracking, and add repetitive
post-modification inspections. This
proposed AD would also require
accomplishment of the actions
identified as ‘‘RC’’ (required for
compliance) in the Accomplishment
Instructions of Boeing Alert Service
Bulletin 777–53A0075, Revision 2,
dated February 22, 2021, described
previously.
For information on the procedures
and compliance times, see this service
information at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0828.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 63
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
ESTIMATED COSTS
Action
Labor cost
Detailed and HFEC inspections of the longeron fitting
and pivot bulkhead forward
chord.
Post-repair inspections ............
Up to 15 work-hours × $85
per hour = Up to $1,275 per
inspection cycle.
$0
Up to $1,275 per inspection
cycle.
Up to $80,325 per inspection
cycle.
Up to 13 work-hours × $85
per hour = Up to $1,105 per
inspection cycle.
18 work-hours × $85 per hour
= $1,530 per inspection
cycle.
0
Up to $1,105 per inspection
cycle.
Up to $69,615 per inspection
cycle.
0
$1,530 per inspection cycle ....
$96,390 per inspection cycle.
Post-modification inspections ..
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The FAA estimates the following
costs to do any necessary modifications
that would be required based on the
Parts cost
Cost per product
results of the proposed inspection. The
FAA has no way of determining the
Cost on U.S. operators
number of aircraft that might need this
modification:
ON-CONDITION COSTS
Action
Labor cost
Modification ....................................
Up to 137 work-hours × $85 per hour = Up to $11,645 .......................
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Parts cost
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$34,086
Cost per
product
Up to $45,731.
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Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Proposed Rules
The FAA has received no definitive
data on which to base the cost estimates
for the repairs specified in this proposed
AD.
The FAA has included all known
costs in its cost estimate. According to
the manufacturer, however, all of the
costs of this proposed AD may be
covered under warranty, thereby
reducing the cost impact on affected
operators.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
Section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701, General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
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The FAA has determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that the proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Would not affect intrastate
aviation in Alaska, and
(3) Would not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
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the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive
(AD) 2016–09–01, Amendment 39–
18499 (81 FR 26109, May 2, 2016), and
■ b. Adding the following new AD:
■
■
The Boeing Company: Docket No. FAA–
2021–0828; Project Identifier AD–2021–
00303–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) action by
November 29, 2021.
(b) Affected ADs
This AD replaces AD 2016–09–01,
Amendment 39–18499 (81 FR 26109, May 2,
2016) (AD 2016–09–01).
(c) Applicability
This AD applies to The Boeing Company
Model 777–200 and –300 series airplanes,
certificated in any category, as identified in
Boeing Alert Service Bulletin 777–53A0075,
Revision 2, dated February 22, 2021.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by reports of
fatigue cracking of the forward outer chord of
the station (STA) 2370 pivot bulkhead, and
the determination that the compliance times
need to be reduced, post-modification
inspections must be done, and the
inspections areas need to be expanded due to
additional cracking found prior to the
inspection times required by AD 2016–09–
01. The FAA is issuing this AD to address
fatigue cracking of the outer flanges of the left
and right side forward outer chords of the
STA 2370 pivot bulkhead, which could result
in a severed forward outer chord and
consequent loss of horizontal stabilizer
control.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
Except as specified by paragraph (h) of this
AD: At the applicable times specified in
paragraph 1.E., ‘‘Compliance,’’ of Boeing
Alert Service Bulletin 777–53A0075,
Revision 2, dated February 22, 2021, do all
applicable actions identified as ‘‘RC’’
(required for compliance) in, and in
accordance with, the Accomplishment
Instructions of Boeing Alert Service Bulletin
777–53A0075, Revision 2, dated February 22,
2021.
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(h) Exceptions to Service Information
Specifications
(1) Where the ‘‘Effectivity’’ paragraph and
the Condition and Compliance Time columns
of the tables in the ‘‘Compliance’’ paragraph
of Boeing Alert Service Bulletin 777–
53A0075, Revision 2, dated February 22,
2021, use the phrase ‘‘the Revision 2 date of
this Service Bulletin,’’ this AD requires using
‘‘the effective date of this AD.’’
(2) Where Boeing Alert Service Bulletin
777–53A0075, Revision 2, dated February 22,
2021, specifies contacting Boeing for repair
instructions: This AD requires doing the
repair using a method approved in
accordance with the procedures specified in
paragraph (i) of this AD.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle ACO Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or responsible Flight
Standards Office, as appropriate. If sending
information directly to the manager of the
certification office, send it to the attention of
the person identified in Related Information.
Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by The Boeing Company
Organization Designation Authorization
(ODA) that has been authorized by the
Manager, Seattle ACO Branch, FAA, to make
those findings. To be approved, the repair
method, modification deviation, or alteration
deviation must meet the certification basis of
the airplane, and the approval must
specifically refer to this AD.
(4) Except as specified by paragraph (h) of
this AD: For service information that
contains steps that are labeled as Required
for Compliance (RC), the provisions of
paragraphs (i)(4)(i) and (ii) of this AD apply.
(i) The steps labeled as RC, including
substeps under an RC step and any figures
identified in an RC step, must be done to
comply with the AD. If a step or substep is
labeled ‘‘RC Exempt,’’ then the RC
requirement is removed from that step or
substep. An AMOC is required for any
deviations to RC steps, including substeps
and identified figures.
(ii) Steps not labeled as RC may be
deviated from using accepted methods in
accordance with the operator’s maintenance
or inspection program without obtaining
approval of an AMOC, provided the RC steps,
including substeps and identified figures, can
still be done as specified, and the airplane
can be put back in an airworthy condition.
(j) Related Information
(1) For more information about this AD,
contact Luis Cortez-Muniz, Aerospace
Engineer, Airframe Section, FAA, Seattle
ACO Branch, 2200 South 216th St., Des
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Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Proposed Rules
Moines, WA 98198; phone and fax: (206)
231–3958; email: Luis.A.Cortez-Muniz@
faa.gov.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; internet https://
www.myboeingfleet.com. You may view this
referenced service information at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
Issued on September 16, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–22251 Filed 10–13–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0794; Project
Identifier AD–2021–00400–T]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain The Boeing Company Model
747–400, –400D, and –400F series
airplanes. This proposed AD was
prompted by reports of burned Boeing
Material Specification (BMS) 8–39
urethane foam, and a report from the
airplane manufacturer that airplanes
were assembled with seals throughout
various areas of the airplane (including
flight deck and cargo compartments)
made of BMS 8–39 urethane foam, a
material with fire-retardant properties
that deteriorate with age. This proposed
AD would require replacing the system
tube/wire seals made of BMS 8–39
urethane foam in certain areas of the
airplane. The FAA is proposing this AD
to address the unsafe condition on these
products.
DATES: The FAA must receive comments
on this proposed AD by November 29,
2021.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
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SUMMARY:
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16:48 Oct 13, 2021
Jkt 256001
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster
Blvd., MC 110–SK57, Seal Beach, CA
90740–5600; telephone 562–797–1717;
internet https://www.myboeingfleet.
com. You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA,
call 206–231–3195. It is also available at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0794.
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0794; or in person at Docket
Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
NPRM, any comments received, and
other information. The street address for
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Julie
Linn, Aerospace Engineer, Cabin Safety
and Environmental Systems Section,
FAA, Seattle ACO Branch, 2200 South
216th St., Des Moines, WA 98198;
phone and fax: 206–231–3684; email:
julie.linn@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2021–0794; Project Identifier AD–
2021–00400–T’’ at the beginning of your
comments. The most helpful comments
reference a specific portion of the
proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend this proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
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57081
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to https://
www.regulations.gov, including any
personal information you provide. The
agency will also post a report
summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Julie Linn, Aerospace
Engineer, Cabin Safety and
Environmental Systems Section, FAA,
Seattle ACO Branch, 2200 South 216th
St., Des Moines, WA 98198; phone and
fax: 206–231–3684; email: julie.linn@
faa.gov. Any commentary that the FAA
receives which is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
Background
The FAA has received reports of
burned BMS 8–39 urethane foam, and a
report from the airplane manufacturer
that airplanes were assembled with
seals throughout various areas of the
airplane (including flight deck and
cargo compartments) made of BMS 8–39
urethane foam, a material with fireretardant properties that deteriorate
with age. The fire retardants in BMS 8–
39 urethane foam are mixed into, but are
not chemically connected with, the
remaining components of the foam,
which causes the fire retardants to have
decreased fire resistance over time. The
degraded material can be an
unacceptable fuel source for a fire if
exposed to an ignition source. This
condition, if not addressed, could result
in failure of the urethane seals to
maintain sufficient Halon
concentrations in the cargo
compartments to extinguish or contain
fire or smoke, and to prevent
penetration of fire or smoke in areas of
the airplane that are difficult to access
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]]>Agencies
[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Proposed Rules]
[Pages 57078-57081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22251]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 /
Proposed Rules
[[Page 57078]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0828; Project Identifier AD-2021-00303-T]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2016-09-01, which applies to certain The Boeing Company Model 777-200
and -300 series airplanes. AD 2016-09-01 requires repetitive
inspections for cracking of the left-and right-side forward outer
chords of the pivot bulkhead, and related investigative and corrective
actions if necessary. AD 2016-09-01 also provides a modification of the
pivot bulkhead, which terminates the repetitive inspections. Since the
FAA issued AD 2016-09-01, it has received reports that cracking of the
left- and right-side forward outer chords of the pivot bulkhead were
found at earlier compliance times than those specified in AD 2016-09-01
and determined that the inspection areas must be expanded, and that
additional inspections are needed in areas that were modified as
specified in AD 2016-09-01. This proposed AD would retain certain
requirements of AD 2016-09-01. This proposed AD would require doing
repetitive detailed and high frequency eddy current (HFEC) inspections
of the longeron fitting and, for certain airplanes, the bulkhead
assembly structure, for any cracking and doing all applicable on-
condition actions. The FAA is proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments on this proposed AD by November
29, 2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone 562-797-1717; internet https://www.myboeingfleet.com. You may
view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call 206-231-3195. It is also available at https://www.regulations.gov
by searching for and locating Docket No. FAA-2021-0828.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0828; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Luis Cortez-Muniz, Aerospace Engineer,
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax: (206) 231-3958; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0828; Project Identifier
AD-2021-00303-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Luis
Cortez-Muniz, Aerospace Engineer, Airframe Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax:
(206) 231-3958; email: [email protected]. Any commentary that
the FAA receives which is not specifically designated as CBI will be
placed in the public docket for this rulemaking.
Background
The FAA issued AD 2016-09-01, Amendment 39-18499 (81 FR 26109, May
2, 2016) (AD 2016-09-01), for certain The Boeing Company Model 777-200
and -300 series airplanes. AD
[[Page 57079]]
2016-09-01 was prompted by reports of fatigue cracking of the forward
outer chord of the station (STA) 2370 pivot bulkhead. AD 2016-09-01
requires repetitive inspections for cracking of the left- and right-
side forward outer chords of the pivot bulkhead, and related
investigative and corrective actions if necessary. AD 2016-09-01 also
provides a modification of the pivot bulkhead, which terminates the
repetitive inspections. The agency issued AD 2016-09-01 to address
fatigue cracking of the outer flanges of the left and right side
forward outer chords of the STA 2370 pivot bulkhead, which could result
in a severed forward outer chord and consequent loss of horizontal
stabilizer control.
Actions Since AD 2016-09-01 Was Issued
Since the FAA issued AD 2016-09-01, it has received reports that
cracking of the left- and right-side forward outer chords of the pivot
bulkhead were found at earlier compliance times than those specified in
AD 2016-09-01 due to a combination of a stress concentration and high
stress from complex loading at the structure of the transition radius
of the forward outer chord flange. Boeing reopened the safety
investigation and asked operators to gather additional data, which
showed 32 airplanes with crack findings below the inspection threshold
specified in AD 2016-09-01. Based on those findings, it has been
determined that the compliance times must be reduced and the inspection
areas for cracking must also be expanded to include the longeron
fitting and, for post-repair and post-modification inspections, the
bulkhead assembly structure. In addition, the FAA has determined that
additional inspections are needed in areas that were modified as
specified in AD 2016-09-01.
FAA's Determination
The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Boeing Alert Service Bulletin 777-53A0075,
Revision 2, dated February 22, 2021. This service information specifies
procedures for, depending on configuration, doing repetitive detailed
and HFEC inspections of the STA 2370 pivot bulkhead forward outer chord
and the longeron fitting for any cracking; doing repetitive post-repair
inspections of the pivot bulkhead forward outer chord, longeron
fitting, and bulkhead assembly structure for any cracking; doing
repetitive post-modification inspections of the pivot bulkhead forward
outer chord, longeron fitting, and bulkhead assembly structure for any
cracking; and doing all applicable on-condition actions. On-condition
actions include modifying the left and right forward outer chords and
upper splice angles, and repair.
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
Proposed AD Requirements in This NPRM
Although this proposed AD does not explicitly restate the
requirements of AD 2016-09-01, this proposed AD would retain certain of
the requirements of AD 2016-09-01. Those requirements are referenced in
the service information identified previously, which, in turn, is
referenced in paragraph (g) of this proposed AD. This proposed AD would
reduce the compliance times for the inspections, add new inspection
areas for any cracking, and add repetitive post-modification
inspections. This proposed AD would also require accomplishment of the
actions identified as ``RC'' (required for compliance) in the
Accomplishment Instructions of Boeing Alert Service Bulletin 777-
53A0075, Revision 2, dated February 22, 2021, described previously.
For information on the procedures and compliance times, see this
service information at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-0828.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 63 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Detailed and HFEC inspections of Up to 15 work-hours $0 Up to $1,275 per Up to $80,325 per
the longeron fitting and pivot x $85 per hour = Up inspection cycle. inspection cycle.
bulkhead forward chord. to $1,275 per
inspection cycle.
Post-repair inspections.......... Up to 13 work-hours 0 Up to $1,105 per Up to $69,615 per
x $85 per hour = Up inspection cycle. inspection cycle.
to $1,105 per
inspection cycle.
Post-modification inspections.... 18 work-hours x $85 0 $1,530 per $96,390 per
per hour = $1,530 inspection cycle. inspection cycle.
per inspection
cycle.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary
modifications that would be required based on the results of the
proposed inspection. The FAA has no way of determining the number of
aircraft that might need this modification:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product
----------------------------------------------------------------------------------------------------------------
Modification......................... Up to 137 work-hours x $34,086 Up to $45,731.
$85 per hour = Up to
$11,645.
----------------------------------------------------------------------------------------------------------------
[[Page 57080]]
The FAA has received no definitive data on which to base the cost
estimates for the repairs specified in this proposed AD.
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected operators.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA has determined that this proposed AD would not have
federalism implications under Executive Order 13132. This proposed AD
would not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
For the reasons discussed above, I certify that the proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) 2016-09-01, Amendment 39-18499
(81 FR 26109, May 2, 2016), and
0
b. Adding the following new AD:
The Boeing Company: Docket No. FAA-2021-0828; Project Identifier AD-
2021-00303-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) action by November 29, 2021.
(b) Affected ADs
This AD replaces AD 2016-09-01, Amendment 39-18499 (81 FR 26109,
May 2, 2016) (AD 2016-09-01).
(c) Applicability
This AD applies to The Boeing Company Model 777-200 and -300
series airplanes, certificated in any category, as identified in
Boeing Alert Service Bulletin 777-53A0075, Revision 2, dated
February 22, 2021.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by reports of fatigue cracking of the
forward outer chord of the station (STA) 2370 pivot bulkhead, and
the determination that the compliance times need to be reduced,
post-modification inspections must be done, and the inspections
areas need to be expanded due to additional cracking found prior to
the inspection times required by AD 2016-09-01. The FAA is issuing
this AD to address fatigue cracking of the outer flanges of the left
and right side forward outer chords of the STA 2370 pivot bulkhead,
which could result in a severed forward outer chord and consequent
loss of horizontal stabilizer control.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Except as specified by paragraph (h) of this AD: At the
applicable times specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 777-53A0075, Revision 2, dated
February 22, 2021, do all applicable actions identified as ``RC''
(required for compliance) in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Service Bulletin 777-
53A0075, Revision 2, dated February 22, 2021.
(h) Exceptions to Service Information Specifications
(1) Where the ``Effectivity'' paragraph and the Condition and
Compliance Time columns of the tables in the ``Compliance''
paragraph of Boeing Alert Service Bulletin 777-53A0075, Revision 2,
dated February 22, 2021, use the phrase ``the Revision 2 date of
this Service Bulletin,'' this AD requires using ``the effective date
of this AD.''
(2) Where Boeing Alert Service Bulletin 777-53A0075, Revision 2,
dated February 22, 2021, specifies contacting Boeing for repair
instructions: This AD requires doing the repair using a method
approved in accordance with the procedures specified in paragraph
(i) of this AD.
(i) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or responsible Flight Standards Office,
as appropriate. If sending information directly to the manager of
the certification office, send it to the attention of the person
identified in Related Information. Information may be emailed to: [email protected].
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.
(4) Except as specified by paragraph (h) of this AD: For service
information that contains steps that are labeled as Required for
Compliance (RC), the provisions of paragraphs (i)(4)(i) and (ii) of
this AD apply.
(i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
(ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.
(j) Related Information
(1) For more information about this AD, contact Luis Cortez-
Muniz, Aerospace Engineer, Airframe Section, FAA, Seattle ACO
Branch, 2200 South 216th St., Des
[[Page 57081]]
Moines, WA 98198; phone and fax: (206) 231-3958; email:
[email protected].
(2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call 206-231-3195.
Issued on September 16, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-22251 Filed 10-13-21; 8:45 am]
BILLING CODE 4910-13-P
